Idaho Auto Dealer Wins Jury Verdict in Federal Court
4/25/2006

CONTACT: Nicole Kershaw, Marketing Manager - Boise, (208) 389-9000

BOISE - After a five-day trial, a seven-person jury returned a unanimous verdict in federal court last Friday in favor of Performance Chevrolet, Inc., a dealership located in Mountain Home, Idaho. The jury found that Market Scan Information Systems, Inc. ("Market Scan") had failed to deliver services to Performance Chevrolet in accordance with the parties' written agreement.

Stoel Rives Boise attorneys John N. Zarian and Nicole C. Hancock represented Performance Chevrolet, Inc.  The trial was presided over by the Honorable B. Lynn Winmill, Chief District Judge for the U.S. District Court, District of Idaho.

Market Scan, based in Westlake Village, California, provides computer systems, software and database subscriptions to help dealers identify financing options for automotive lease transactions.  During the trial, Performance Chevrolet asserted that the system installed by Market Scan never worked properly because it failed to update each night with current information.  Market Scan argued that any updating problems were caused by user error or by other problems with local telephone lines and/or Internet service providers. 

After the verdict was returned by the jury, K.R. Reinschmidt, owner and dealer-operator of Performance Chevrolet, said, "We are very satisfied with the result." 

In reaching a verdict, the jury was asked to consider language in the contract that promised "daily access" to Market Scan's database.  Performance Chevrolet argued that any reasonable interpretation of this provision required actual delivery of necessary updates.  According to John Zarian, "The jury understood that the contract had to be interpreted and applied in a reasonable fashion." 

The jury verdict awarded Performance Chevrolet $66,016.01 in compensatory damages.  Performance Chevrolet will also be seeking an award of attorneys fees and prejudgment interest. 

About Stoel Rives LLP:  Stoel Rives is a business law firm providing counseling and litigation services throughout the western United States.  The firm's 350 attorneys provide client-focused services to a wide range of clients from eight offices in five western states.  Stoel Rives is regarded as a regional leader in energy, natural resources, environment, litigation, corporate and intellectual property law.  For more information about Stoel Rives LLP, please visit http://www.stoel.com/.



 
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